2018 (12) TMI 1058

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....han ORDER PER SAKTIJIT DEY, J.M. Aforesaid appeal by the assessee is directed against assessment order passed under section 143(3) r/w 144C(13) of the Income Tax Act, 1961 (for short "the Act") pertaining to the assessment year 2014-15, in pursuance to the directions of the Dispute Resolution Panel (DRP). 2. Ground no.1, is in relation to short grant of credit of advance tax. 3. The learned A....

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....essing Officer to grant credit for the actual advance tax paid by the assessee. 4. The learned Departmental Representative submitted, assessee's claim of short credit of advance tax may be verified by the Assessing Officer. 5. We have considered rival submissions and perused materials on record. As could be seen from the facts on record, the assessee has claimed for credit of advance tax paid of....

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....al credit for the tax paid by the assessee. This ground is allowed for statistical purposes. 6. In ground no.2, the assessee has challenged levy of interest amounting to Rs. 5,11,89,170 under section 234B of the Act. 7. The learned Authorised Representative submitted, after the directions of the DRP, actually a refund of Rs. 5,22,35,370 is due to the assessee. Moreover, she submitted, advance ta....

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....4,37,64,577, towards service tax collected. However, while considering the objections of the assessee, the DRP has deleted the addition made by the Assessing Officer. Therefore, in effect, by virtue of the order of the DRP, the income returned by the assessee was accepted. That being the case, prima-facie, there appears to be no occasion for levy of interest under section 234B of the Act, if asses....